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HomeMy WebLinkAbout9/1/1982 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES SEPTEMBER 1, 1982 A Regular Meeting of the City Council was called to order by Mayor Bogert, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, September 1, 1982, at 7:30 p.m. ROLL CALL: Present: Councilmembers Doyle, Foster, Maryanov Ortner and Mayor Bogert Absent: None The meeting was opened with the salute to the Flag and a moment of silent meditation. COMMUNITY REDEVELOPMENT AGENCY: No business APPROVAL OF MINUTES: It was moved by Ortner, seconded by Maryanov, and unanimously carried, that the minutes of July 28 and August 12, 1982 be approved. PUBLIC HEARINGS: 1 . TIME LIMITATIONS FOR ADP1 MANDAMUS PROCEEDINGS Recommendation: That the Council adopt ordinance making Section 1094.6 of the California Code of Civil Procedure applicable to City Council decisions or those of any commission, board, officer or agent of the City. City Attorney reviewed his report, dated August 16, 1982, 1 noting that there is no conflict in this provision with the contract between the Council and the Tribal Council . Mayor declared the hearing open; there being no appearances, the hearing was closed. City Clerk read title of the Ordinance, as follows: (103) AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 1 .01 .230 TO THE PALM SPRINGS MUNICIPAL CODE, ADOPTING SECTION 1094.6 OF THE CODE OF CIVIL PROCEDURE WHICH LIMITS THE TIME FOR ADMINISTRATIVE MANDAMUS PROCEEDINGS TO NINETY DAYS FROM THE DATE ON WHICH AN ADMINISTRATIVE DECISION OF THE CITY OF PALM SPRINGS BECOMES FINAL. It was moved by Doyle, seconded by Ortner, and unanimously carried, that further reading be waived and that the ordinance be introduced for first reading. 196 Council Minutes 9-1-82 Page 2 2. GENERAL PLAN AMENDMENT - E.PALM CANYON/SUNRISE WAY Recommendation: That the Council approve amendment for property located on the SW corner of E. Palm Canyon and Sunrise Way, from Residential High (43) to Resort Commercial , and that planned development district be utilized in-lieu of a change of zone. Director of Community Development reviewed his report, dated September 1 , 1982, noting that the change will allow project (101 ) proposed under PD 69 A. Mayror declared the hearing open. C. Hellman, PD 69 A applicant, thanked the Council for its support and courtesy and indicated availability to respond to questions. There being no further appearances, the hearing was closed. Councilman Doyle stated that he believed the Planning Commission has addressed the intent of the current and prior Council in effecting the GPA and enabling the project under conditional permit. Resolution 14358, amending the General Plan as recommended, was presented; after which, it was moved by Doylle, seconded by Maryanov, and unanimously carried, that Resolution 14358 be adopted. 3. . P.D. 69 A - 1ST NATIONWIDE S& L/1ST WISCONSIN NATL BANK Recommendation: That the Council approve planned development ' district to allow financial institution on the SW corner of E. Palm Canyon and Sunrise Way. Director of Community Development noted that details of the site plan were reviewed at the last study session ; that question (116) was raised concerning number of access points on Sunrise Way, and review indicates that there are two access points, i .e. , both serve the parking area which is part of the condominium project to the immediate south, and one of the driveways will be used as the entrance to this project and the second is further south approximately across from the Smoke Tree Shopping Center entrance; that the Traffic Engineer does not find a conflict with the access points; and that the Commission has recommended approval of the district, together with preliminary plot plan and architectural concept. Mayor declared the hearing opened. Leonard Pollard, resident of adjacent condominium project, spoke in favor of the project, stating opinion that he believed it to be the best use for the property. C. Hellman, applicant, indicated availability to respond to questions. There being no further appearances, Mayor declared the hearing closed. Resolution 14359, approving PD 69 A, as recommended, was presented; after which, it was moved by Doyle, seconded by Ortner, and unanimously carried, that Resolution 14359 be adopted. 09 Council Minutes 9-1-82 Page 3 4. ZONING TEXT AMENDMENT - BUILDING PERMITS Recommendation: That the Council approve additional prerequisite for building permit issuance to insure conformity (103) with all policies and procedures established by ordinance or resolution. Director of Community Development reviewed his report, dated September 1 , 1982. Mayor declared the hearing opened; there being no appearances, the hearing was closed. City Clerk read title of Ordinance, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 9309.009(F) OF THE PALM SPRINGS ZONING ORDINANCE (NO.687) RELATING TO PREREQUISITES FOR ISSUANCE OF BUILDING PERMITS. It was moved by Foster, seconded by Maryanov, and unanimously carried, that further reading be waived, and that the ordinance r be introduced for first reading. S. P.D. 132 - ACTFAP City Manager reported that due to insufficient notice, this matter should be referred back to the Planning Commission (116) for renotification ; after which, it was moved by Doyle, seconded by Foster, and unanimously carried, that this matter be referred back to the Planning Commission for renotification and hearing. 1 6. P.U. 113 A - NAUGLES RESTAURANT Recommendation: That the Council approve amendment to PD 113 to allow drive-through restaurant within existing neighborhood shopping center at Racquet Club Road and No. Palm Canyon Drive. " Director of Community Development reported that the site is almost completely developed; that this matter was reviewed (116) in detail at the last study session; that the City Attorney's Office determined that a drive-through restaurant could be allowed under the latitude of the PDD provisions, and based upon that determination, the Planning Commission approved the use and site plan. Mayor declared the hearing open. Paul Selzer, attorney representing the developer, stated that initial discussions with the tenant indicated that there would be concerns regarding the legality of the use in the zone and whether such a use could be designed so it was compatible with the surrounding area and meet the City's standards regarding design, traffic circulation, noise, litter, etc; that the City Attorney affirmed the legality and Planning Staff agreed that the project was well-designed and answered questions ' which have been faced before; that he believed the particular use, its design and location are appropriate and consistent with the General Plan and in line with the community' s objectives; that he did not believe approval would set precedent for approving drive-throughs in the future or ac, existing facilities, i .e. , existing facilities are located in zones which prohibit the use; that the application was made pursuant to the PUD provisions which were designed to insure that the assign and environmental criteria established by the City are mel. to the extreme; that he believed the only precedent )98 Council Minutes 9-1-82 Page 4 i 6. P.D. 113 A - NAUGLES RESTAURANT , that would be established would be that the Council may consider such use under a planned development district if each and every concern about a specific use is met; that photographs were presented to the Commission, which he felt demonstrated that drive-throughs could be achieved in a good manner, and noted various cities in Southern California which permit them, e.g. , Laguna Beach, Newport, Beverly Hills, in some cases by right-of-zone and in others under conditional permit; that he thought it was a good idea to develop standards for drive-throughs, but questioned why this project should be delayed, since staff has indicated that it meets all of the , criteria it has established and believes that it will be used as a guide in establishing standards ; that the project is as good today as it will be one year from now; and that drive-through restaurants have been allowed by right-of-zone in C-M, M-1 and M-1-P zones and by conditional use permit (116) in 0 and CSC zones for many years. Mike Ilooselyn, Naugles Vice-President, commented on business practices of the company, in particular, its emphasis in catering to needs of the handicapped and fact that it would not install a restaurant without a drive-through for that reason; that it will be open 24 hours with the walk-in portion closed after 10 p.m. or midnight; that it does not have a prototype architecture; that it has zero advertising costs and relies on word-of-mouth advertising; and that it tries to be a "dinner house on a paper plate. " Dave Christian, project architect, stated that the project would be in keeping with the character of the shopping center; ' that they have tried to meet the needs of the area and the community; and that the landscaping will be consistent with the site. ; Sam Wilcox, owner of the property on the NE corner of N. Palm Canyon and Racquet Club, spoke in support of the project, urging that consideration be given to compatibility with his proposed project. Harold Smith, P.S. Villas, spoke in support of the project, indicating pleasure with the convenience of the shopping center and this type of facility. Clarence Dauphine, 879 Gateway, spoke in favor, indicating the project would be an asset to the area and the City. Philip Short, 149 Twin Palms, stated that he has no interest in the project, but favors its approval ; that he felt it would be an enhancement to the City; and that the citizens are entitled to the same conveniences as may be found in other cities, if they desire to use them. Dottie Nelson, Hartoon Hilton and Leslie Rogers, tenants of the shopping center, each spoke in favor of the project, and ' commented on the benefits it would bring to the shopping center in terms of exposure to the community. Louise Bates, 1085 Louise Drive and Fred Cohen, residents, each spoke in favor of the project. [?91: Council iJMinutes 9-1-82 Page 5 6. P.D. 113 A (Continued) Walter Lance, Naugles Director of Maintenance, stated that 30 people will be employed, daily, to maintain the site, includ- ing landscaping. There being no further appearances Mayor declared the hearing closed. In answer to question by Council , Mr. Selzer restated his comments regarding Zoning Ordinance provisions which allow drive-throughs in certain zones, by-right and under permit. Director of Community Development stated that Mr. Selzer ' infers that a restaurant is an allowable use and the caveat excluding drive-throughs or drive-ins does not appear in those zones, however, that does not mean it would be allowed; and in that situation, a determination would be requested of the (116) Planning Commission. Mr. Selzer read portion of the Zoning Ordinance which defines "restaurant" and voiced his opinion that it was a fact that any zone which allows a restaurant, by definition, allows a drive-through or drive-in. Councilwoman Ortner stated that she believed the Planning Commission acted in proper faith from its viewpoint; that it had much to consider and exercised good judgement; that time marches on and it may be necessary to change some attitudes ; that these type of restaurants do a great deal of business ; that competition is healthy and good and she did not feel it would cause other restaurants to suffer; that she believed the project would be a credit to the community; that she is not in favor of drive-ins, but would favor instructing staff to come back with an ordinance for drive-throughs; that she did not think they are needed in the central business district, but there are other areas in the City where they would be suitable; and that she did not feel there was a moral obligation to approve every application, but to consider each on its merits. Councilman flaryanov stated that he anticipated hearing both arguments for and against the project, however, there were no objections voiced to it; that he was impressed that tenants of the center spoke in favor of it; that everyone is concerned about the economic vitality of the community, and once a shopping center is approved, everyone has a vested interest in its success; that the tenants have said the project will be an asset to the center; that he has concerns about attractive , . nuisances and does not favor drive-ins; that he was impressed that the project is within a self-contained unit and believes it will be an enhancement to the neighborhood and the community; that he would favor other such projects if they met the same conditions, including landscaping, type of operation, etc ; that he favors addressing the entire subject of drive-throughs ' and drive-ins, but did not think that where a project and location seem suitable to the Council and the neighbors it should be delayed; and that he favored establishing guidelines, but when the project is favored, the Council should react to that. 1 1 Council lli mites 9-1-82 Page 6 6. P.D. 113 A (Continued) Councilman Foster stated that he felt the project was well-done and well-conceived and had no objections to it; that: he believed it would fit into the environment, but he believed a broader perspective needed to be taken ; that perhaps the community has changed its views; that he was concerned that staff had recommended changing the ordinance first, which would include ' public hearings for everyone and not just be directed at those in relationship to a specific project; that he believed it was easy to conclude that a precedent was not being established, however, the reality is that the Council would be hard-pressed to deny further requests, for either new facilities or requests by existing restaurants to add a drive-1through, on the basis ' of competition and economic hardship; that he felt it could be expected that a request for a drive-through would be made in connection with the development of the NE corner, of Racquet Club and Palm Canyon Drive; that he did not believe it was fair to have each project reviewed without criteria against (116) which to measure it; and that he favored referring the project back to the Planning Commission, pending Zoning Text amendment: to establish specific conditions and criteria to allow such projects. Councilman Doyle stated that he supported addressing the Zoning Text change; that it has been a long-standing policy in the community and one which .should be reviewed by the community, Planning Commission and Council ; that he believed the proposed project would be an asset to the community, and one which has been supported by a portion of the community this date; that if the ordinance can be changed quickly, the problems which are anticipated to arise will have been addressed ; and that he favored the project, with the caveat that the Planning ' Commission return a recommendation within 30-60 days regarding proposed text changes regarding this kind of use. It was moved by Ortner, seconded by Maryanov, and carried, , by the following vote, that Resolution 14360, approving the amendment to P.D. 113, as recommended, be adopted: AYES: Doyle, Maryanov, Ortner & Bogert NOES: Foster ABSENT: None 7. P.D. III - C.G. DUNHAM City Manager reported that due to insufficient notice, this matter should be referred back to the Planning Commission (116) for renotification; after which, it was moved by Doyle, seconded by Foster, and unanimously carried, that this matter be referred back to the Planning Commission for renotification and hearing. PUBLIC COMMENT: a) Harold Heers, housing developer, stated that regarding the controlled density bonus, there are a number of potential ' buyers who will be retiring in 1-5 years and will then become (85) owner-occupants ; that as the conditions exist, such buyers are not eligible to purchase the units „ that he supports a 50-50 mix of owner/non-owner occupancy; that he is opposed to requiring approval to alter the condition on each phase Of the project, since the CCRs are written for the entire project; and that he questioned enforcement on resale regarding ownership. In answer to question by Council , he explained the range of prices of the units, noting that he believed there will be a good range of prices between the three projects contemplated, and that he believed 8 owner-occupied. 0-90% would be 10 Council Minutes 9-1-82 Page 7 b) Gladys McMillen, N. Indian Avenue, urged that the Council give consideration to rezoning the area on the west side y of Indian Avenue, south of Vista Chino, which is currently zoned R-3, but impractical and uneconomical for such develop- ment because of the small-sized parcels. She stated that the area backs up to commercial zoning on Palm Canyon Drive, and, with lack of development, will further deteriorate. Bill Grant, 1455 N. Palm Canyon and Mr. McMillen, also spoke in support of this action. c) David Graf , Fredricks Development Corporation, indicated availability to respond to questions. d) Dr. Charles Jenkins, Equestrian Committee, indicated availability to respond to questions. i' LEGISLATIVE ACTION: 8. EQUESTRIAN CENTER - C014STRUCTION CONTRACT y Recommendation: That the Council award contract to Ionic Construction Co. , in the amount of $109,023.42. City Manager noted that problems in acquiring the property delayed implementation of the project; that concept detailed in project report prepared in 1977 has guided the City to-date ; and that Phase I land was acquired and recommendation is to award contract for that phase. He read an excerpt from the ' 1977 project report, relating to Phase I1, indicating that it cannot be realized without the participation of a competent developer/concessionaire and a combination of Federal grant funds and/or private donations, and that if it is not commenced within 5 years after Phase I , it should be considered for other park or recreation purposes. (109 ) Acting Director of Community Services reviewed his report, dated September 1 , 1982, and provided a brief historic overview, and detailed the phased improvements. He stated that the proposed improvement will result in parking for 500 cars, with additional parking available for the rodeo in the proposed pasture area; that a heavier parking demand is not anticipated for events other than the rodeo; that Sonora Road is the main entrance to the center, and a secondary access on Escoba may be developed for emergency access; that, through traffic control , both lanes of Sonora will be used for exiting for the rodeo; that staff will pursue the possibility of using DeMuth Park for additional parking with a decomposed gravel footpath from the nark to the center. Gentleman in audience from Mounted Police indicated it would use the center for the 1983 Rodeo, if available. ' Acting Director of Community Services stated that it is anticipated the arena and parking will be completed by November, and that temporary stands will be brought in for the rodeo. Mayor stated that other horse and equestrian events were held in the City in previous years, and that the center should be used all winter; that it is too large of a facility to be used only for one event a year; that a successful rodeo needs 5-6,000 people in attendance, which does not include the participants, and that he wants to be assured that there will be adequate parking; that he has concerns regarding the I fence span of 24-ft for the chutes. 102 Council Minutes 9-1-82 Page 8 8. EQUESTRIAN CENTER (Continued) Tom Murray, P.S. Mounted Police, stated that it was his under- standing that the fencing needs had been worked out with Gary Sanders and that he, too, believed that 24-ft seemed like a large span. Mayor noted that he did not see any indication on the plans regarding water for the stock and it needs to be addressed. Councilman Doyle stated that he was not satisfied with the staff report and that the community will be upset that a better job of planning has not been done; that he believed Sonora would not be sufficient as proposed and that it should be expanded to its full width; and that the first event at the center will be the one which makes the most lasting impression. Councilman Foster stated that he discussed some of the deficiencies with staff, in particular, the water for the stock pens, electricity to the announcer' s booth, and 'the (109) fence span, and that staff was aware those matters needed to be done, and would be accomodated through contract change order; that the access and parking concerns are items of which staff is very much aware and solutions are being explored; and that he considered it might be hectic for the first few years. In answer to question by Council , Acting Director of Community Services stated that efforts will be made to have the work commenced within the shortest time frame possible. Councilman Maryanov stated that the concerns voiced by Council ' should be addressed as expeditiously as possible ; that he agreed the first event would set the tone for many years; and that he would favor awarding the contract wii:h expectation that these issues will be resolved before construction and for the coming rodeo. Minute Order 3119, awarding the contract, as recommended, was presented, after which, it was moved by Foster, seconded by Doyle, and unanimously carried, that Minute Order 3119 be adopted. 9. SEC. 35 HOUSING - FREDRICKS DEV. CORP. Recommendation: That the Council approve amendment to lease agreement for 60-acre of City-owned land at Sunrise and San Rafael Drive. Economic Development and Housing Director reviewed his report, (85) dated September 1 , 1982, and noted that the changes to the agreement are being made at the request of HUD. Resolution 14361 , approving the amendment, was presented; after which, it was moved by Doyle, seconded by Foster, and unanimously carried, that Resolution 14361 be adopted. r Council Minutes 9-1-82 Page 9 10. DENSITY CONTROLLED RESIDENTIAL PROJECT CONDITIONS Recommendation: That the Council approve a modification to conditions effecting density controlled residential projects. City Manager stated that he believed 50-50 mix on ' owner-occupancy, on initial sale, represents an appropriate compromise between the 66% requested and the 20% recommended by the Planning Commission ; that the state of the economy makes that appropriate; that regarding application to initial sales only, difficulty of enforcement on resale has always been recognized, but does not change the issue and there will not be two different markets in the future, unless changed by the Council ; that the developers have selected phased-development and the number of units in each; that it could be that economic conditions might be different for second or third phases and reasons might not apply then as they do now. Economic Development and Housing Director reviewed his report, dated September 1 , 1982, and stated that the developers are feeling constrained by not being able to offer the units to other than owner-occupant; that one of the three projects has received its white paper from the Real Estate Commission, (85) which included the restriction on resale, and that the condition is included in the CCRs for the remaining projects, but white papers have not been issued for those yet; and that notices of resale would be through the project homeowner' s association, as part of the CCRs. Resolution 14362, approving the modifications, was presented; after which, it was moved by Doyle, seconded by Foster, and unanimously carried, Maryanov abstaining, that Resolution 14362 be adopted. 11 . SECTION 35 HOUSING - FREDRICKS LEASE Recommendation: That the Council approve an agreement for construction of thirty mobilehome spaces in AFCOM Mobilehome 1 Park. Economic Development and Housing Director reviewed his report, dated September 1 , 1982, detailing the proposed agreement, and explaining the allocation of costs and recommendation to amend the budget to appropriate additional $26„000 CDBG (85) funds. Resolution 14363, amending the budget, and Minute Order 3120, approving the agreement, were presented; after which, it was moved by Doyle, seconded by Foster, and unanimously carried, that Resolution 14363 and Minute Order 3120 be adopted. y Council Minutes ' 9-1-82 Page 10 CONSENT AGENDA: ' 12. Resolution 14364 amending the Comprehensive Fee Schedule to increase library fees for non-resident borrowers, card replacement (114) and certain fines, fees and charges for overdue reference materials and reserve requests. 13. Minute Jrdpr 3121 authorizing purchase of additional word processing equipment from Xerox Corporation in an amount not (69) to exceed $10,502. 14. Minute Order 3122 awarding bid for purchase of annual rye grass seed to Andersen Chemical & Turf Supply, in amount of $25,406.35. (84) 15. Minute Order 3123 awarding purchase of an epoxy dispensing machine to Consley & Montigny Co. , in amount of $7,414.70. (;;4), f 16. Minute Order 3124 awarding purchase of new 100 gpin fire pumper (87) to Gruman Emergency Products, in amount of $91 ,927.44. 17. Minute Order 3125 awarding purchase of slurry seal Bitumuls CQS-lh Cationic Emulsion to Koch Asphalt Co. , in amount of $161 ,36 (136) per ton delivered. 18. ;Minute Order 3126 awarding purchase of slurry seal mineral aggregate to Beaumont Concrete Co. , in amount of $6.89 per ton (136} delivered. 19. Minute Order 3127 awarding purchase of a full-size diesel automobile to Lakeside Chevrolet, in amount of $11 ,783.07. (84) ' 20. Minute Order 3128 awarding purchase of a chip seal aggregate to Massey Sand & Rock in amount of $7.55 per ton delivered. (136) 21 . Minute Order 3129 awarding purchase of a 1/2-ton 4x4 pickup ( ) truck to Ontario Datsun, Inc. , in amount of $9,862.24; and 84 purchase of 8 1/2-ton utility pickup trucks to Dick Bretz Mazda in amount of $46,614. 56. 22. Minute Order 3130 approving lease of office space for Police Dept. Investigation Division for 30 months at $650 per month. (113) 23. Minute Order 3131 approving purchase of 7,100 reflective traffic markers through State Dept. of General Services in amount of (84) $6,830.88. 24. Minute Order 3132 awarding contract to Matich Corp. for resurfacing Racquet Club between Indian and Aurora, in amount (136) of $71 ,150. 25. Minute Order 3133 awarding contract to Meyer Constructors for ramps for the physically handicapped in amount of $3,948. (129) 26. Resolution 14365 approving phasing plan for Tentative Tract Map 18329 for business/industrial park on Bogie Road, north (137) ' of Ramon - Mainiero/Equitec 80. 27. Resolutions 14366 through 14374 approving Payroll Warrants and (86) Claims & Demands. It was moved by Maryanov, seconded by Ortner, and unanimously carried, that Resolutions 14364 through 14374 and Minute Orders 3121 through 3133 be adopted. 1 Mj, Council Minutes 9-1-82 Page 11 28. WASTEWATER TREATMENT PLANT - CHANGE ORDER Recommendation: That the Council approve Change Order #9 (127) to increase Dillingham Construction contract for plant expansion by $22,672. General Operations Director stated that one portion of the change order was due to an omission by the engineer, and not through fault of the contractor; that the engineering correction has been made at the expense of the engineer, and the somewhat increase in amount in the change order over that which would have been in the original contract is offset by the engineering cost absorbed by the engineer. Minute Order 3134, approving the change order, as recommended, was presented; after which, it was moved by Doyle, seconded by Foster, and unanimously carried, that Minute Order 3134 be adopted. 29. ALLOCATED POSITIONS & COMPENSATION PLANS Recommendations: That the Council approve amendments to the Allocated Positions and Compensation Plans to: a) Add one Parks Maintenance Worker II and delete a Parks (61 ) Maintenance Worker I ; and b) Include Plan Checker in the MX group. Resolutions 14375 and 14376, approving amendments 1 and 2 to said plans, as recommended, were presented; after which, it was moved by Doyle, seconded Foster, and unanimously carried, that Resolutions 14375 and 14376 be adopted. 30. NON-REFLECIVE PAVEMENT MARKERS Recommendation: That the Council award purchase of non-reflective pavement markers to Marker Supply Co. , in amount of $9,921 .01 . Minute Order 3135, awarding purchase, was presented ; after (84) which, it was moved by Doyle, seconded by Maryanov, and unani- mously carried, that Minute Order 3135 be adopted. 31 . TRAFFIC SIGNAL - RAMON/ENCILIA Background: On July 28, 1982, Council awarded 4 of 5 signal projects recommended to Paul Gardner, and deferred considera- tion of the 5th project for a full Council . In answer to question by Council , Traffic Engineer stated that he projected there would be a 5% increase in statistics presented from 1978 to 1982; and that the number of trips may not be as many because of the price of gasoline and the current state of the economy. Councilman Foster stated that he believed the signal at this (130) location as well as that at Caballeros was a waste of money, a conflict with the signal on Ramon at Indian and at Palm Canyon, and will only cause more delays for people. Councilman Maryanov stated that he favored the signal at Caballeros, but did not see a need for one at this location, and that the funds should not be spent for that purpose; and that left-turn lane should facilitate traffic; and that the signal may result in motorist inconvenience rather than con- venience. Council Minutes 9-1-82 Page 12 31 . TRAFFIC SIGNAL (Continued) In answer to question by Council , Traffic Engineer reaffirmed statement in his report of September 'I , 1982, that the signals could reasonably be postponed, but delay and accidents are likely to increase with time, i .e. , (130) when development or redevelopment takes place on Calle Encilia, north of the intersection. It was moved by Ortner, seconded by Doyle, and c,,Irrled by the following vote, that installation of the ,signal at Ramon and Calle Encilia, as initially proposer,) under the Paul Gardner contract, be approved. 32. BUREAU OF LAND MANAGEMENT - CITY APPEAL City Manager reported that it was discovered this (late that the time-table on the City' s appeal has been con- siderably stepped-up. He stated that the Council discussed (109) the appeal at its August 12 meeting when three members of the Council were present. He distributed recap of the Council ' s protest at that time, and recommended that the staff be directed to expand the protest, in detail , and file an appropriate protest as soon as possible. He stated that the protest would be submitted over signature of the Mayor. It was moved by Foster, seconded by Maryanov, and unani- mously carried, that the staff be directed to further expand, in detail , the Council ' s objections and file appropriate protests as soon as possible. ' REPORTS & REQUESTS: 33. DEPARTMENTAL REPORTS - Received & Ordered Filed a) Library - 1981-82 Annual Report 34. COMMISSION APPOINTMENTS On recommendation of Council Committee, Mayor announced re- appointment of Oscar Berris to the Rent Review Commission; after which, it was moved by Bogert, seconded by Doyle, and unanimously carried, that the appointment be approved. (60) 35. CITY COUNCIL reports or requests a) Councilman Doyle commended the City Librarian for fine work in preparing the annual report. b) At request of Councilman Maryanov, staff instructed to report back to Council relative to status of adoption of school impact fees by other cities in the Valley. r 1o~1 Council Minutes 9-1-82 Page 13 c) Councilman Doyle stated that Mrs. McMillen may have been left with the impression that something would be done immediately regarding the zoning on North Indian Avenue, and that she should be made aware of potential time frames. Mayor stated that he agreed the small lot sizes posed a problem, and that he was under the impression that the Planning Director intended to look into this. Planning Director stated that her concerns are valid; that the areais in one of the proposed Redevelopment Survey areas, and zoning may be one of the factors; that he has indicated to her that it may be six months before any major rezoning is considered ; that without T the implementation technique of aggregating property, which is key for redevelopment, rezoning would be premature; that rezoning on a piece-meal basis imould not be solving the problem; and that the entire area needs to be studied. _ 36. STAFF reports or requests a) City Manager noted conflict of Council meeting in October with the League of Calif. Cities Annual Conference, and requested possible alternative dates on which members could meet. ADJOURNMENT There being no further business at 9:45 p.m. , Mayor declared the meeting adjourned. ]UDITH SUMICH City Clerk h